| Project/Area Number |
12620070
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Sapporo Gakuin University |
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Principal Investigator |
SHIROSHITA Yuji Sapporo Gakuin University, Faculty of Law, Professor, 法学部, 教授 (90226332)
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| Co-Investigator(Kenkyū-buntansha) |
OKADA Kumiko Sapporo Gakuin University, Faculty of Law, Assistant Professor, 法学部, 助教授 (50305885)
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| Project Period (FY) |
2000 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2000: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | restorative justice / victim / sentencing guideline / sentencing factor / 被害感情 / 刑罰理論 / 意見陳述権 / VIS / 仮釈放 / 被害者保護 / 刑罰の正当性根拠 |
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| Research Abstract |
The purpose of this research is to examine the applicability of "Restorative Justice" model to the criminal justice system in Japan. We focused attention on sentencing stage, especially on the consideration of the "victim-related factors" as sentencing circumstances. The main viewpoint of research is adjustment to the substantive criminal law theory.
In conclusion,
(1) Protection of victims is too unstable to be incorporated in sentencing guidelines.
(2) Protection of victims is not a purpose of punishment itself. It should be taken as a reflectivity of punishment.
(3) Victim-related factors should not be considered as sentencing circumstances.
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